How to Make a Will in Tennessee

If you're a resident of Tennessee and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people (or organizations)
• name a trusted person to manage property left to minor children
• name a personal guardian to care for your minor children, and
• name an executor, the person entrusted with carrying out the terms of your will.

Below you'll find an overview of what a will can do for you, what Tennessee laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Tennessee

Here's a quick checklist for making a will in Tennessee:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely or deposit your will with the probate court.

What Happens If I Die Without a Will?

In Tennessee, if you die without a will, your property will be distributed according to state "intestacy" laws. Tennessee's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (Tenn. Code § 31-2-104 (2025).)

Can I Make My Own Will in Tennessee?

Yes. As long as you follow the legal requirements for making a will in Tennessee (see below), you can make your own will. Tennessee doesn't have a statutory will—a will template included in the state's statutes—for people to use to make a simple will. But you can make your own will in Tennessee, using Nolo's Quicken WillMaker & Trust.

You might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Tennessee

To make a will in Tennessee, you must be:

• 18 years of age or older, and
• of sound mind.

(Tenn. Code § 32-1-102 (2025).)

Tennessee courts define a person with a sound mind as being able to know and understand:

• the force and consequences of making the will
• that the person is making a will
• the extent of the person's property, and
• the dispositions (gifts) being made by the will.

(In re Estate of Smallman, 398 S.W.3d 134 (Tenn. 2013).)

You must make your will on hard copy. That is, it must be on actual paper. It can't be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Tennessee does permit handwritten wills (called "holographic wills"), but they are usually not a good idea. (Tenn. Code § 32-1-105 (2025).)

Tennessee also recognizes nuncupative (oral) wills in very limited circumstances. To make an oral will, you must be in imminent peril of death, and you must die from that peril. Additionally, you must state that you're communicating your will to two disinterested witnesses (witnesses who won't inherit from you under the will). One of the witnesses must put your statements in writing within 30 days, and your will must be submitted to probate within six months of your death. This type of will can only dispose of up to $1,000 in personal property or $10,000 if you're active military. This type of will doesn't revoke or change any existing written will. (Tenn. Code § 32-1-106 (2025).)

How to Sign and Execute My Tennessee Will

To finalize your will in Tennessee:

• you must tell two witnesses that the document is your will
• you must sign the will—or confirm that the signature on the will is yours—in front of the two witnesses, and
• your witnesses must sign your will in front of you and each other.

(Tenn. Code § 32-1-104 (2025).)

Your witnesses should be 18, and it's best for them to be "disinterested"—meaning they have nothing to inherit from you. Interested witnesses can lose the gifts you left to them in your will. (Tenn. Code § 32-1-103 (2025).)

Holographic (handwritten) wills don't need to be witnessed. However, the signature and all material provisions in them have to be in the will maker's handwriting. Before a court will accept a holographic will's legitimacy, two people must tell the court that the will is in the will maker's handwriting. (Tenn. Code § 32-1-105 (2025).)

Do I Need to Have My Will Notarized?

No, in Tennessee, you don't need to notarize your will to make it legal.

However, Tennessee allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will sign an affidavit in front of a notary that states who you are and that each of you knew you were signing the will. (Tenn. Code § 32-2-110 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Tennessee currently doesn't allow e-wills, but that could change in the future.

Should I Choose and Appoint an Executor in My Will?

Yes. In Tennessee, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone—your spouse or another relative—to take on the job of winding up your estate. (Tenn. Code § 30-1-106 (2025).)

Can I Revoke or Change My Will in Tennessee?

In Tennessee, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of your will
• making another will that says it revokes all or part of the old will or that has contradictory terms to the old will, or
• making another document that says it revokes the old will while following the same formalities you used to make your original will.

(Tenn. Code § 32-1-201 (2025).)

If you marry someone after you make your will and have a child, your will is automatically revoked. In this situation, you would have to make another will to avoid Tennessee's intestacy law. (Tenn. Code § 32-1-201 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Tennessee law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule doesn't apply if you specifically state in your will that divorce won't affect the provisions in your will or you happen to remarry your spouse. (Tenn. Code § 32-1-202 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

If you're uncomfortable making a will, have complex financial resources, or have complicated family dynamics, you should consider meeting with a Tennessee lawyer who handles estate planning matters.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Tennessee wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Tennessee, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Tennessee?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Tennessee, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Tennessee does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (Tenn. Code § 32-1-112 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Tennessee doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.